Bail-Bond

“Judges should be more inclined towards bail and not jail.”

Justice V.R. Krishna Iyer

“Jail is an exception, bail is a rule.” Prof. Dr. Mukund Sarda

Bail-Bond

BAIL: A bail is basically a financial arrangement that a bail bonding agency will make on behalf of the criminal defendant.BAIL-BOND: Generally, Bail Bond is a document in which a prisoner and one or more sureties guarantees to pay an amount fix by the court that the prisoner will attend the hearing of the charges against him. If he is released on Bail.

Definition & meaning

As per definition given under Black Law’s Dictionary the meaning of Bail-bond is “When collateral is used to keep a defendant out of jail before hearing. It’s a percent of total bond. It is taken if the person does not appear in the court. A bail bondsman help to pay this bond debt”.

The amount is to be paid by surety at the time of bail-bond is 10%-20 % as fixed by the court.

The court may ask for the payment of full-bond at the time of release.

In case the defendant fails to fulfill his promise and doesn’t appear in the court then the liability is on the surety to pay the fine.

Exceptions: Death of person, met with an accident and in a very

critical condition or any other

Types of Bond Personal Bond:

A judge may allow an accused to release him on bail by taking bond stating that a criminal defendant will appear at all future court dates. The accused doesn’t have to post bail, but will forfeit the amount in the bond if the promise to appear is broken. Here the offence committed by him is not of very serious nature or a minor crime of non-violent nature. It is also known as a release on recognizance bond. Here, no need to pay any amount for getting the bail.

Surety Bond:This type of bond involves a friend or relative, with the help of a bail agent can get a bail for the accused. If an accused is not able to pay a large amount in cash for the bail, a bail agent from a surety company will promise to pay the entire amount of the bond to get the bail of the accused. If the accused not appears in the court the bail agent has to pay the entire amount promised for the bond. As in this surety bond a friend or relative is involved, the bond agent believe that the accused will appear for the trial without fail.

Property Bond:If the accused is not able to pay the bail amount in cash but one can obtain the bail by showing property in lieu of cash. The accused have to show the equal value of property in exchange to the cash. But if the accused fails to appear before the court on the stipulated date, the property kept as guarantee will be foreclosed by the court.

Bail-Bond feeThe fee for the bail-bond is always decided by the judge of the court it may be only 10%-20% is to paid at the time of bail or the full bond payment may be demanded by the court.The amount of the bail depends on the

following conditions: Seriousness of the crime, in terms of

injury to others. Suspect’s criminal record. Danger that the suspect’s release

might pose to the community. Suspect’s ties to the community,

family & employment.

Bail-Bond Agency This type of agency existed in

the type of surety bond. There may be a bail-bond

agency who charges a fees in exchange for the posting of the bond.

Usually they charges a fees of 10% of the bail amount.

They may also demand collateral before posting bond as the agency will be responsible to pay the full bail if the suspect jumps bail or fails to appear as promised.

Parties for Bond-Execution

•Legal Education Committee, Bar Council of India, New Delhi

Member

•Standing Committee, Bar Council of India, New DelhiMember

•Equivalence Committee, Bar Council of India, New Delhi•Academic Council, National Law University & Judicial

Academy, Assam

Member

•Chanakya National Law University, PatnaProfessor Emeritus

Steps for BailJustice Education

Court Room Teaching

Continuous Legal Education

Skill development Program

International Lawyering

ICT applications in teaching

Innovative Academic Programs

Knowledge Partnership

Centers of excellence

Value Addition and international placements

Inclusive practices-

Inter-disciplinary approach

Research programs

Creativity, connectivity, capacity building, competition and credibility

Documents required for bail bond

Bail Bondsman A bail bondsman puts up a fee for the release of a suspect

on bail They usually charges a fee of the 10% of the money i.e.

required to pay the bail. This initial fees is non-refundable even if the case is

thrown out after the suspect posts bail.

Bail Bondsman- Rights & Liabilities A bail bondsman will take out a security against a

defendant’s assets in order to cover the costs of the bail. If the defendant does not have enough assets, then the

bondsman may take out security against individuals, such as relatives or any friend of the defendant who are willing to assist.

When securities are taken out a bondsman often requires that 10% cash payment in addition to mortgage on a person’s home that would equal the full amount of the bail bond money owed.

In case of non-arrival in court the bondsman has the power to hire a bounty hunter to track the defendant down.

Right to file the case against defendant for the recovery of the payment made by him in case of the default of the appearance in the court.

Rights & Liabilities of surety

Surety is under the liability to pay the fine in case of any breach of bail condition.

Surety has the right to arrest the defendant in case of breach of bail condition and shall be given to the police officer in charge.

Surety has the right to sue the defendant for the money paid by him by his breach of bail condition.

When Surety gets discharged?

When the defendant fulfills the condition of the bond by appearing in the court on the specified date.

If the terms of bond becomes impossible to execute, such as by the death of the defendant or by his or her arrest, detention, or imprisonment on another offense in the same or different jurisdiction.

Consequences of breach of Bail Conditions

Bail conditions are supervised by the Bail Supervisor in probation office:

He shall be held in jail until a bail revocation hearing is held.

Depending on the type of crime judge may release the prisoner or may increase the bail money.

If breach is serious bail will usually be revoked and accused will not be allowed out of custody.

Judgments State of Rajasthan v. Balchand, 1977

While the system of pecuniary bail has a tradition behind it, it may well be in that in most cases not monetary suretyship but undertakings by the relations of the petitioner or organisation to which he belongs may be better and more socially relevant.

Moti Ram v. State of M.P. 1978A poor man was arrested and Rs. 10,000 was fixed as surety and further court refused to allow his brother to become a surety as his property was in adjoining village. Appeal was filed before apex court.

Supreme court gave following directions An accused person shall not to be require to produce a surety

from the same district especially when he is a native of some other place.

Bail covers release on one’s own bond, with or without sureties. Bail should be given liberally to poor people simply on a

personal bond, if reasonable conditions satisfied. The bail amount should be fixed keeping in mind the financial

conditions of the accused. When dealing with cases of persons belonging to weak

categories in monetary terms- indigent young persons, infirm individuals or women- court should be liberal in releasing them n their personal recognizance.

Hussainara Khatoon v. State of Bihar, 1979Several under-trial prisoners were in jail for more than 5-9 yrs without their trial have begun. Majority of them were accused of trivial offences warranting punishment only for few years. A petition was filed before court.

Supreme court gave following directions: The under-trial prisoners shall be released forthwith on

personal bonds, not based on monetary obligations. The court observed that even while releasing the

accused on personal bond it is necessary to caution the court that the amount of bond which it fixes should not be based merely on the nature of charge. The decision as regards the amount of the bond should be an individual decision depending on the individual financial circumstances of the accused.

The court observed that Courts must abandon the antiquated concept under which pretrial release is ordered only against bail with sureties.

Times of India v. State of Bihar, 2006A suo-moto PIL was initiated by Patna High Court for the efficient and effective enforcement and implementation of the amended provision of Section 436A of CrPC.In pursuant to the directions issued by High Court the government filed an affidavit stating that 247 prisoners were entitled to get the bail under sec 436A of CrPC. In its interim order court gave the directions for the constitution of a jail cell for districts and sub-divisions which would have a free hand in evolving procedure to regularly monitor such cases of under-trial prisoners.

Re: Regarding various irregularities at Central Jail, Tihar, 2007A bench of High Court took the notice of the problem of overcrowding in Central Jail, Tihar. An inquiry report was called.With regard to release of under-trial prisoners from jail-

If admitted to bail but unable to furnish sureties for more than 2 months shall be released on their personal bond.

In case of under-trial prisoners who are from other states other than delhi, local surety shall not be insisted upon granting bail.

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